Environmental permitting
The Environmental Permitting system simplifies permit applications, amendments and variations for both industry and regulator and thereby cuts unnecessary red tape. It allows regulators to focus resources on medium and high-risk operations whilst continuing to protect the environment and human health.
Environmental Permitting is one of Defra’s Better Regulation initiatives which aims to improve regulatory activities, cut admin burdens and focus on the delivery of a better service to customers..
Latest news
- March 2012 - Environmental Permitting (England and Wales) Regulations 2012 coming into force on 6th April 2012
Key facts and figures
The Environmental Permitting (England and Wales) Regulations 2010 have produced a single regulatory framework by streamlining and integrating
- Waste Management Licensing,
- Pollution Prevention and Control,
- Water discharge Consenting,
- Groundwater Authorisations, and
- Radioactive Substances Regulation.
The following Directives were fully or partially transposed through the EP Regulations:
The introduction of this single more proportionate and risk-based system is expected to deliver savings of £120,000 to businesses and regulator.
What is the current situation and background
The Environmental Permitting Regulations 2010 came into force on 6 April 2010.
The EP Regulations 2010 provide industry, regulators and others with a single extended permitting and compliance system and includes those systems for discharge consenting, groundwater authorisations and radioactive substances regulation. Environmental Permitting also provides a tool for delivering the permitting and compliance requirements of EU directives such as those relating to the Batteries Directive and Mining Waste Directive.
The permitting parts of the Batteries Directive were transposed through the Environmental Permitting Regulations on 5 May 2009. The Government transposed the Mining Waste Directive into UK law through the Environmental Permitting with the Environment Agency as the principal competent authority. The transposing regulations came into force on 7 July 2009.
We are also looking to incorporate Water Abstraction and Impoundment Licensing into the single permitting system for which a future Water Bill might provide the necessary legislative enabling power. The power will be extended also to include flood defence consents and fish pass approvals.
In August 2011 we updated you about a delay in progressing the Environmental Permitting (England and Wales) (Amendment) Regulations on a selection of measures we consulted on in the latter half of 2010. At the time we informed you that we were awaiting a cross Government position on the use of civil sanctions in seeking compliance with the EP Regulations in England more generally and were having to satisfy additional scrutiny requirements. We can now confirm that the amending regulations excluding the civil sanctions provisions have been made. They came into force on 6th April 2012. A revised EP core guidance will also be published shortly. We are undertaking further work on whether and when civil sanction provision can be brought into force.
Local Authorities
Local authorities are responsible for regulating some 19,000 facilities, mostly to control air emissions, but in limited cases to enforce integrated pollution prevention and control. They also have limited responsibilities in relation to waste exemptions. See:
How did we get here?
We consulted stakeholders on our draft policy, regulations and the Impact Assessment and have taken account of your consultation comments and suggestions in the draft regulations where possible. We have incorporated any resulting changes into the government guidance, along with your feedback from the government guidance consultations.
Relevant legislation / regulations
- Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No 675)
- Explanatory Memorandum to Environmental Permitting (England and Wales) Regulations 2010
- Environmental Permitting (England and Wales) (Amendment) Regulations 2010 (SI 2010 No 676)
- Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010 (SI 2010 No 2172)
- Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (SI 2011 No 2043)
Key publications, documents and Directions
Environmental Permitting guidance
- Core Environmental Permitting guidance – updated March 2012
- Environmental Permitting guidance list and glossary – updated May 2010
- Statutory Nuisance – updated February 2011
Regime specific guidance
- Groundwater Guidance for the Environmental Permitting (England and Wales) Regulations 2010 – Published December 2010
- Exempt Waste Operations – Published March 2010
- Radioactive Substance Regulations Guidance (Version 2) – Updated September 2011
- Water Discharge Activities Guidance – Updated December 2010. (Annex 3 Registration of Exempt Water Discharge Activities relating to small discharges of sewage effluent now included)
- Guidance on exemptions from Radioactive Substances Regulation in the United Kingdom – Published September 2011
Directive specific guidance
- End of Life Vehicles Directive – updated March 2010
- Integrated Pollution Prevention and Control (IPPC) Directive, Part A(1) Installations and Part A(1) Mobile Plant) – updated March 2010
- Landfill Directive – updated March 2010
- Large Combustion Plants Directive – updated March 2010
- Mining Waste Directive Guidance (2006/21/EC) – published March 2010
- Solvent Emissions Directive – updated March 2010
- Waste Batteries and Accumulators Directive – updated March 2010
- Waste Electrical and Electronic Equipment Directive – updated March 2010
- Waste Framework Directive – updated March 2010
- Waste Incineration Directive – updated March 2010
- Superseded guidance look-up tables – updated March 2010
Directions
- The Environmental Permitting (England) (Transitional – Exercise of Agency Functions at Part B installations) Direction 2010 (PDF 71 KB)
- The Environmental Permitting (Transitional – European Pollutant Release and Transfer Register) (England) Direction 2008 (PDF 100 KB)
- The Environmental Permitting (England and Wales) (Transitional – National Security) Direction 2008 (PDF 100 KB)
- The Environmental Permitting (England and Wales) (Transitional – Exercise of Functions) Direction 2008 (PDF 10 KB)
- The Environmental Permitting (England and Wales) (Transitional – Exercise of Functions at Part B installations) Direction 2008 (PDF 100 KB)
Further information
- Environment Agency Implementation
- Local Authority Implementation
- Defra’s Better Regulation initiative